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Regulation of Investigatory Powers Act 2000
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Regulation of Investigatory Powers Act 2000, Section 39 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 30(6A)-(6D) inserted by 2016 anaw 6 s. 187(2)(b)
- Sch. 1 para. 16A and cross-heading inserted by 2016 anaw 6 s. 187(3)
- Sch. 1 Pt. 1 para. 20H inserted by 2013 c. 32 Sch. 12 para. 74
39 Appeals to the [F1Investigatory Powers Commissioner] : supplementary.U.K.
This section has no associated Explanatory Notes
(1)Where the [F2Investigatory Powers Commissioner] has determined an appeal under section 38, he shall give notice of his determination to both—
(a)the person by whom the appeal was brought; and
(b)the [F3Judicial Commissioner] whose decision was appealed against.
(2)Where the determination of the [F4Investigatory Powers Commissioner ] on an appeal under section 38 is a determination to dismiss the appeal, the [F4Investigatory Powers Commissioner ] shall make a report of his findings—
(a)to the persons mentioned in subsection (1); and
(b)to the Prime Minister.
(3)[F5Subsections (6) to (8) of section 234 of the Investigatory Powers Act 2016] (reports to be laid before Parliament and exclusion of matters from the report) apply in relation to any report to the Prime Minister under subsection (2) of this section as they apply in relation to any report under [F6subsection (1) of that section] .
(4)Subject to subsection (2) of this section, the [F7Investigatory Powers Commissioner] shall not give any reasons for any determination of his on an appeal under section 38.
Textual Amendments
F1Words in s. 39 heading substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F2Words in s. 39(1) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F3Words in s. 39(1)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(f), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F4Words in s. 39(2) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
F5Words in s. 39(3) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 77(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F6Words in s. 39(3) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 77(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)
F7Words in s. 39(4) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), ss. 233(3)(b), 272(1) (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(e)
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